The Supreme Court yesterday (18) decided to reject without hearing an interim petition that sought to lift the interim order preventing Deshabandu Tennakoon from performing his duties as the Inspector General of Police.
The court also rejected the request to amend or lift the interim order.
The decision to dismiss the petition was made after determining that there was no sufficient legal basis to proceed with the case.
This decision was made by a bench of Supreme Court Justices comprising Yasantha Kodagoda, Achala Wengappuli, and Mahinda Samayawardhena.
The court stated that there was insufficient time to consider the oral submissions of the petitioners since two of the judges were scheduled to hear another case.
Furthermore, President’s Counsel Manohara De Silva, representing the petitioners, informed the court that he was also scheduled to appear in another case.
President’s Counsel Manohara De Silva had previously made oral submissions on behalf of the intervening petitioners, who are members of the Buddhist clergy.
The court asked the attorneys on both sides whether there was any objection to considering the points submitted and making a decision. Both sides confirmed that there were no objections.
After considering the submissions, the court decided to reject the petition on three grounds: the petition was not filed within an adequate time frame, insufficient evidence was presented to sustain the case, and the legal standing of the intervening petitioners regarding the interim order had not been properly established.
Therefore, the court rejected the request to amend or lift the interim order preventing Deshabandu Tennakoon from performing his duties as Inspector General of Police.
The court also noted that it would consider the matter as previously scheduled in relation to the original petition.
The interim petition had been filed by the Chief Prelate of the Bellanwila Rajamaha Viharaya, Dr. Bellanwila Dhammaratana Thero, Senior Professor of the University of Peradeniya, Kotapitiye Rahula Thero, and Senior Lecturer of the University of Colombo, Agalakada Sirisumana Thero.
The interim order preventing Tennakoon from performing his duties as Inspector General of Police was issued by the Supreme Court on July 27, following the filing of several fundamental rights petitions against his appointment.
These petitions challenged the appointment of Tennakoon, arguing that the power to appoint the Inspector General of Police rests with the President based on the recommendations of the Constitutional Council.
The petitions also argued that any interference with or influence on the decisions of the Constitutional Council would be a violation of the Constitution and the sovereignty of the people.
It was stated that the power to deploy police officers necessary for election duties, maintain security, and ensure law and order post-election rests solely with the Inspector General of Police, and no other person could assume these responsibilities.
As a result, the monks who filed the interim petition had requested the court to allow them to intervene in the fundamental rights petitions challenging Tennakoon’s appointment.
They had also asked the court to dismiss the fundamental rights petitions against Tennakoon’s appointment as Inspector General of Police.
